Second Circuit Court of Appeals Prohibits Courts from Granting Garnishment Orders Against Foreign Bank Branches

SDNY

On November 14, the Second Circuit Court of Appeals upheld the District Court for the Southern District of New York’s October 23 ruling that prohibited courts from granting garnishment orders against certain banks for assets maintained at bank branches. The Second Circuit noted that it had previously certified to the New York Court of Appeals the following question: “whether the separate entity rule precludes a judgment credit from ordering a garnishee bank operating branches in New York to restrain a debtor’s assets held in foreign branches of the bank.” The New York Court of Appeals held that according to New York’s separate entity rule, a creditor does not have the authority to freeze assets held at a foreign branch. The New York Court of Appeals rejected the plaintiffs’ argument that in Koehler v. Bank of Bermuda Ltd., 12 N.Y.3d 533 (2009), New York abandoned the requirements of the separate entity rule, observing that “abolition of the separate entity rule would result in serious consequences in the realm of international banking to the detriment of New Yorkʹs preeminence in global financial affairs.ʺ Upholding the District Court’s October 23 ruling, the Second Circuit Court of Appeals ordered that the District Court annul the restraining order on the defendants’ assets. Motorola Credit Corp. v. Nokia Corp., No. 13-2535-cv (2d Cir. Nov. 14, 2014).